Court No. - 36
Case :- WRIT - A No. - 19164 of 2019 Petitioner :- Pradeep Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Sharma Counsel for Respondent :- C.S.C.,Sandeep Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Abhishek Sharma, learned counsel for the petitioner; Shri Apurva Hajela, learned Standing Counsel for the State respondent no.1 and Shri S.K. Srivastava, Advocate appearing for respondent nos.2 and 3.
The petitioner is before this Court with request to issue direction to the respondent no.3, Chief Executive Officer, U.P. Khadi & Village Industries Board, Lucknow to accord the benefit of 2nd promotional scale w.e.f. 1.12.2008 and 3rd promotional scale w.e.f. 9.9.2013 under A.C.P. to him.
Learned counsel for the petitioner has vehemently contended that so far as the service record of the petitioner is concerned, the same is unblemished. At no point of time any enquiry whatsoever has been initiated against him and accordingly, as per ACP Scheme, which is very much available to the U.P. Khadi and Village Industries Board, the same benefit is to be accorded to the petitioner. So far as the grievance of the petitioner is concerned, he has already filed a representation dated 8.9.2018 before the respondent no.3 for redressal of his grievance, which is still pending. He has confined his prayer only to the relief that his representation dated 8.9.2018 may be considered by the appropriate authority.
Learned counsel for the respondents has no objection to the said prayer. No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the respondent no.3, Chief Executive Officer, U.P. Khadi & Village Industries Board, Lucknow, to decide the petitioner's representation in accordance with law within a period of two months from the date of production of a certified copy of this order before him. In case the claim of the petitioner is found sustainable under the ACP Scheme then the financial benefits would also be extended to the petitioner in further one month's time.
Order Date :- 29.11.2019 RKP